HomeMy WebLinkAboutPALP, INC. dba EXCEL PAVING COMPANY Recording Requested By,
And When Recorded Mail To: Recorded in Official Records, Orange County
City of Santa Ana,Public Works Agency M22 Hugh Nguyen, Clerk-Recorder
20 Civic Center Plaza,P.O.Box 1988 IlIII I�fl ff I iiI
Santa Ana,CA 92702 NO FEE
$f R D 0 1 lll� Ifl�I 9 I�I III
2024000134545 12:00 pm 05/30124
9 414A N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a
municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana,
California, 92701, is the owner of the property hereinafter described, that said owner has caused
a construction of West Willits Protected Bicycle Lane Project under contract entered into on
March 7, 2023, with Palp, Inc. DBA Excel Paving Compan , on which contract Federal
Insurance Com an is surety, The property on which such work improvement was laced is
U A p X Y• P p Y P p
o in the City of Santa Ana, County of Orange, State of California, and described as Project No.
o z 19-6948 located at: West Willits Street from Fairview Street to Raitt Street. The work
Aimprovement on said property was accepted as completed on March 12, 2024.
v CITY OF SAN i'A ANA, A MUNICIPAL CORPORATION
w By --tom
Dated: 'r ? Principal Civil Engineer—Sean Thomas
TITLE
O
Va, --------------------------------------•---_--
a VERIFICATION
I, the undersigned, say: I am the City Engineer Rodolfo Rosas of the City of Santa Ana,
California; I executed the foregoing Notice of Completion acting on behalf of the owner of the
property therein described; I make this verification on behalf of said corporation by authorization
of the City Council of the City of Santa Ana; I have read said notice and know the contents
thereof; and I declare under penalty of perjury that the facts therein stated are true.
Executed on &A r/ 30� ZD Z� , at Santa Ana, California
City Engineer—Rodolfo Rosas
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAPS AFTER COMPLETION
INSURANCE ON FILE
`7 WORK MAYPROCEEO
UNTII.INSURANCE EXPIRES
_ CITY OF SANTA ANA
CLERK OF COUNCIL CONSTRUCTION CONTRACT
MAR 2 4°AI623 PROJECT 19-6948 (ATPSBIL-5063(195))
WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET
0,:9"JA(.2) This CONSTRUCTION CONTRACT is made and entered into this 7`h day of March, 2023 by and
between the City of Santa Ana, California, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California (hereinafter "CITY"), and Palp, Inc. DBA Excel
Paving Company (hereinafter "CONTRACTOR').
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and
expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction
of the City Engineer of the CITY, the West Willits Protected Bike Lanes From Fairview Street to
Raitt Street Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in
accordance with the Contract Documents prepared by the City's Public Works Agency and approved
by the City Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard
Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF
IMPROVEMENT the sum total amount not to exceed One Million Seven Hundred and Ninety Eight
Thousand and Eight Hundred Dollars and No Cents ($1,798,800.00), as set forth and identified in the
BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A."
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
quantities only, and the City does not expressly or by implication agree that the actual amount of work
will correspond therewith, but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit portions of the work as may be deemed necessary or advisable.
rev. 09i01i2017 Page I of
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%)
of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000)
or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this. Contract, furnish Certificates of Liability Insurance and
Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"),
through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs,
damages or losses, including reasonable costs and attorney's fees, for injury, including death to any
person or damage to any property, arising directly or indirectly from, or in any manner relating to, any
of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
Page 2 of 4
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
(v) Any personal injury, property damage or economic loss to third persons related to and arising
from the performance or nonperformance by CONTRACTOR or its Subcontractors of any
lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all
subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity
in favor of CONTRACTOR against CITY or any other Indemnitee.
11. FEDERAL PROVISIONS.
The federal prevailing wage rates are attached hereto as Exhibit `B" and incorporated herein by this
reference. When the federal prevailing wage rates and California prevailing wage rates differ for similar
kinds of labor, the CONTRACTOR shall not pay less than the higher rate.
The provisions of Form FHWA 1273 apply to this Construction Contract and all work performed by the
CONTRACTOR and its subcontractor and lower tier subcontractors and is attached hereto as Exhibit "C"
and incorporated herein by this reference.
The CONTRACTOR shall comply with all federal requirements including, but not limited to, the Federal -
Aid Contract Provisions attached hereto as Exhibit "D" and incorporated herein by this reference.
With respect to any conflict between such federal requirements and the Contract Documents and/or the
provisions of state law and except as otherwise required under federal law or regulation, the more stringent
requirement shall control.
Page 3 of 4
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in
favor of CONTRACTOR against CITY or any other indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:
CITY OF SANTA ANA
ICRIs'I'INE RIDGE
of the Co cil City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: �4 �+! -F�
JOHN FUNK
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
WA IL SABA, PE
(� Executive Director
Public Works Agency
CONTRACTOR:
Palp, Inc. DBA Excel Paving Company
:Curtis P. Brown III
ITLE: President
Page 4 of 4
Ruvalcaba, Angelica
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Thursday, March 2, 2023 9:42 AM
To: Iflores@excelpaving.net; Ruvalcaba, Angelica; Castro, Jose; Thomas, Sean
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
(1I) STAFF. PRI s"I [HIS VAGL AND I.N('I.I DE M I I II A( RLEAIENT TO THE CLERK OFT[ IECOUNCIL
Contractor Palp, Inc.
Name:
Project 19-6948
Number:
Project West Willits Protected Bike Lanes From Fairview Street To Raiff Street
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE POLICY EXPIRATIONNUMBER DATE COI DATE FILE NAME
_COI_Palp,
Inc._19-
AUTOMOBILE LIABILITY
60001394
06/01/2023
02/17/2023
6948_GL 2023-
06-01 AL 2023-
06-01 WC 2023-
06-01.pdf
GENERAL LIABILITY
60041245
06/01/2023
09/06/2022
City of Santa
Ana.pdf
PROFESSIONAL LIABILITY
PECO062015
06/01/2023
09/06/2022
City of Santa
Ana.pdf
WORKERS COMPENSATION AND
T10221268
06/01/2023
09/06/2022
City of Santa
EMPLOYERS' LIABILITY
Ana.pdf
Thank you,
City of Santa Ana
1
YHLN, INO.
YJEANA
DAT11712Dr/YYY)
AC4�RO
�� CERTIFICATE OF LIABILITY INSURANCE
zM7rzoza
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poliey(les) must have ADDITIONAL INSURED provisions or be endorsed.
if SUBROGATION IS WAIVED, subject to the torms and conditions of the policy, certain policies may require an endorsement. A statement on
Ibis certificate does not comer ri hta to the certlficato holder in lien of such endorsemen o ,
PRODUCER
CT
The Wooditch Company Insurance Services, Inc.
1 Park Plaza Suite 400
Irvine, CA U614
Aic° No Ft): 949 553.9800 n/c, %o (949 553-0670
Mahal
INMI AFFORDINGRAGE
NAIC
INSURERA,Allied World Ins. Co. Inc.
22730
INSURED
INSURER a,Allied World Assurance Company
19489
INSURE C:Starstone National Insurance Company
25406
Palp, Inc. DBA Excel Paving Company; GAP Equipment, LLC
2230 Lemon Avenue
Long Beach, CA 90806
INISVBER D:
INSURERS,
INSURERPI
\II
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHEINSURED NAMEDA13OVE FORTHE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INBR
Typg OF INSURANCE
Abb4
BURR
pCLICY NUMBER
6/112022
61M112023
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIM&MADE ❑X OCCUR
X
X
0004.1245
EACH
OCCURRENCE
1,000,000
D
ET RENTED
100,000
MED An one
6,000
PERSONAL&ADVINJURY
1,000,000
Nt AGGREGATE UMITAPPUES PER:
POLICY ❑X YAW Lac
OTHER:
GENERAL AGGREGATE
2,000,000
0
D CTS-COM GG
2,000.000
EMPLOYEE BENEFI
1,000,000
B
AUTOMOBILE
X
X
LIABILITY
pApNYAUTO
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REDD Wyy op
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6000.1394
6/1/2022
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ETHERSILIABILITY X SR
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DESCRIPTION OF OPERATIONS/ LOCATIONSI VUHICL S (ACORDIet AddMI Rem Nsachodula, may Wounded RMem epaesla rsgWmd)
RE: Projoct #19-6940; Federal Project#ATPS1-5063(195); West Willits Street Protected Bicycle Lanes, glaipwv/aualpwvlwcwv
The City of Santa Ana, Its officers, employees, agents, volunteers and representatives are included as Additional Insureds as respects General Liability and
Auto Liability per attached endorsements.
This Insurance shall apply as Primary and Non -Contributory per attached endorsements.
Waiver of Subrogallon for General Liability, Auto Liability and Workers' Compensation: Sea Attached Endorsements.
City of Santa Ana
Risk Management Division, 4th Floor
20 Civic Canter Plaza
Santa Ana, CA 92701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
REPRESENTATIVE
^��^� ^., i.,. •,.,,..., 01VIR •LU10 ACURU CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
K•� � u -i �� cy va a� x•� :� •� a
Project Number Project No. 19-6948; ATPS131L-5063(195) West Willits Street Change Order Number 1
Protected Bicycle Lanes from Fairview Street to Raitt Street
To Excel Paving Company Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCILOR CITY MANAGER,
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
JUSTIFICATION
1. To compensate the contractor for costs associated with upgraded solar irrigation controllers
(PCO No. 04).
TOTAL COST = $23,970.00
2. To compensate the contractor for extra work involving full removal and replacement of failed AC
Pavement at the intersections of Willits Street and Sullivan Street, and Willits Street and
Diamond Street.
TOTAL COST = $36,340.00
TOTAL AGREED COST: $60,310.00
Page 1 of 2
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 19-6948; ATPSBIL-5063(195) West Willits Street Change Order Number
Protected Bicvcle Lanes from Fairview Street to Raitt Street
To Excel
Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation
due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order,
including impact on unchanged work. By signing this change order, the Contractor acknowledges and
agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation
includes payment for all work contained in this change order, plus all payment for interruption of
schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or
cumulative impact on all other work under this Contract. The signing of this change order constitutes full
mutual accord and satisfaction for all changes and work performed on this project, and that the time and
cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all
Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of
himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation
of any whatsoever to file any further claim related to this project.
TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 60,310.00
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Five (5) working days.
We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide
all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept
as full payment therefor the prices shown above.
Accepted, Date 11/15/2023 Contractor Excel Paving Company
By Pg11Olybi19nWEYWade Title
W:&t.42"M Project Manager
Approval recommended by ^"'-,Y V Q ld h Date Y 2d Z 3
PUBLIC WORKSA Y EXECUTIVE DIRECTOR '7 Z
Approved by v ` •CDate
CITY MANAGER
Page 2 of 2
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 19-6948; ATPSB1L-5063(195) West Willits Street Change Order Number 2
Protected Bicycle Lanes from Fairview Street to Raitt Street
To Excel Paving Company Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by
JUSTIFICATION
PUBLIC WORKS AGENCY
1. To compensate the contractor for costs associated with the grind of 1.5" of asphalt and ARHM
overlay of 1.5", including mobilization and traffic control, on Willits Street from Fairview Street
to Raitt Street and the section just north of the intersection of Diamond Street and Willits Street
(PCO 09 and PCO 12).
TOTAL AGREED COST: $381,257.00
Page 1 of 2
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 19-6948; ATPSBI L-5063(195) West Willits Street Change Order Number 2
Protected Bicycle Lanes from Fairview Street to Raitt Street
To Excel Paving Company Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTILAPPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation
due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order,
including impact on unchanged work. By signing this change order, the Contractor acknowledges and
agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation
includes payment for all work contained in this change order, plus all payment for interruption of
schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or
cumulative impact on all other work under this Contract. The signing of this change order constitutes full
mutual accord and satisfaction for all changes and work performed on this project, and that the time and
cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all
Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of
himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation
of any whatsoever to file any further claim related to this project.
TOTAL COST THIS CHANGE ORDER: DECREASE $ ----- _----- -- INCREASE $ 381,257.00
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Twenty five (25) working days.
We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide
all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept
as full payment therefor the prices shown above.
Accepted, Date 1/3/24 Contractor Excel Paving Company
By QV�Y�byW. PNIIP Title
���_ q. x4o1.J
Project Manager
Approval recommended by Date k
-PUBLIC WORKS AGENCYEXECUTIVE DIRECTOR
Approved by 7/A Date
ATTEST: CITY NfANZGtR1
CityA-enn�_ [�"oPage 2 of 2
11
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